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(영문) 창원지방법원 2018.03.14 2017고단3811
마약류관리에관한법률위반(향정)등
Text

A defendant shall be punished by imprisonment for one year.

A sum of KRW 200,000 shall be collected from the defendant.

The amount equivalent to the above additional collection.

Reasons

Punishment of the crime

1. Violation of the Narcotics Control Act;

A. On October 2017, the Defendant administered D cafeteria building No. 401, which was 23:00 on the first day of October 2017, in the Defendant’s residence, and approximately 0.03g g of philopon to a coffee.

B. On November 5, 2017, the Defendant administered approximately 0.03g of philophones to the coffee at around 19:00, and administered them in a way of cating them to the coffee.

2. On November 5, 2017, the Defendant violated the Act on the Control of Narcotics, Etc. (marijujuries) smoked in a way that, at the above residence around 20:00, the Defendant spawns tobacco and spawn them, took about 0.5g g of marijuana at the same domicile, and spawn them by attaching the spawn to them.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes of an appraisal response;

1. Relevant Article 60 (1) 2, Article 4 (1), subparagraph 3 (b) of Article 2, Article 61 (1) 4 (a) and Article 61 (1) 4 (a) and Article 3 subparagraph 10 of the Act on the Selection and Management of Narcotics, Etc. for Criminal Facts; Imprisonment with prison labor;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The proviso to Article 67 of the Act on the Control of Narcotics, etc. subject to Additional Collection (200,000 won in money = 100,000 won in a written-phone medication price per 100,00 won x 3,00 won in a twice marijuana); and

1. The sentencing under Article 334 of the Criminal Procedure Act for the Criminal Procedure of the Provisional Payment Order has 3 directions of the basic aggravation of the classification of types: the sentencing under Article 334 of the Act on the Aggravated Punishment and Punishment of Specific Crimes: The sentencing guidelines from June to June 10 from June 1 to from June 1 to from June 1 to three years (the representative's sentencing guidelines only for the crime No. 1 in its holding): The recommendation factors that there are no relevant factors: the aggravated factors (the previous conviction within 10 years to February 2): the aggravated factors (the same kind of punishment within 10 years), the mitigated factors (the cooperation with investigation): One year and six months; the punishment for the aggravated punishment; the cumulative reasons for the aggravated punishment: the confession, the treatment of the addiction crimes; the need for assistance, etc.;

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